(a) A former standard license holder, whose original license has been expired for two or more years and who meets the current requirements for licensure, may apply for a new license. This section does not apply to a former holder of a temporary license.
(b) A former standard license holder applying for a license under the current law and rules must have the documentation requested in §133.21 of this chapter (relating to Application) recorded and on file with the board and may request in writing that any transcripts, reference statements, evaluations, supplementary experience records or other similar documentation previously submitted to the board be applied toward the new application. The applicant shall:
  (1) submit a new application in a format prescribed by the board;
  (2) pay the application fee established by the board. Application fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55;
  (3) submit a completed Texas Engineering Professional Conduct and Ethics examination;
  (4) submit a supplementary experience record that includes at least the last four years of engineering experience, which may include experience before the previous license expired;
  (5) submit also at least one reference statement conforming to §133.51 of this chapter (relating to Reference Providers), in which a professional engineer shall verify at least four years of the updated supplementary experience record; and
  (6) documentation of submittal of fingerprints for criminal history record check as required by §1001.272 of the Act, unless previously submitted to the board.
(c) Once an application from a former standard license holder is received, the board will follow the procedures in §133.83 of this chapter (relating to Processing, Review, and Evaluation of Applications) to review and approve or deny the application.
(d) Any license issued to a former standard license holder shall be assigned a new serial number.
(e) Once an application under this section is accepted for review, the board will follow the procedures in §133.83 of this chapter (relating to Processing, Review, and Evaluation of Applications) to review and approve or deny the application. The board may request additional information or require additional documentation to ensure eligibility pursuant to §1001.302 of the Act, as needed. Pursuant to §1001.453 of the Act, the board may review the license holder's status and take action if the license was obtained by fraud or error or the license holder may pose a threat to the public's health, safety, or welfare.
(f) Any enforcement action taken against an expired license holder in accordance with §139.31 (relating to Enforcement Actions for Violations of the Act or Board Rules) and any enforcement action that was pending when a license expired, and has remained expired for two or more years, may be considered in the evaluation of an application for a new license.

Source Note: The provisions of this §133.23 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective December 21, 2008, 33 TexReg 10166; amended to be effective July 16, 2009, 34 TexReg 4638; amended to be effective September 9, 2012, 37 TexReg 6913; amended to be effective December 17, 2013, 38 TexReg 9042; amended to be effective December 14, 2015, 40 TexReg 8889; amended to be effective March 15, 2018, 43 TexReg 1439; amended to be effective September 30, 2020, 45 TexReg 6768; amended to be effective July 3, 2022, 47 TexReg 3684; amended to be effective March23, 2023, 48 TexReg 1559